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Joshyam Narayaniah Vs. Uppu Madhava Row and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in18Ind.Cas.362
AppellantJoshyam Narayaniah
RespondentUppu Madhava Row and ors.
Cases ReferredSundar Koer v. Rai Sham Kishen
Excerpt:
mortgage decree - interest after date final for payment. - - the appellant has failed on the issue of fact, and the question of the rate of interest was not raised in the court below.1. it is conceded that the decree of the lower court, in so far as it allows interest at the rate of 18 per cent, since the date fixed for payment on december 26, 1908, cannot be supported. see the decision of the privy council in sundar koer v. rai sham kishen 9 bom. l.r. 301: 2 m.l.t. 75; 34 i.a. 9. interest at the rate of 6 per cent. will be allowed from december 25 on the aggregate sum. the decrees must be modified accordingly. the appellant has failed on the issue of fact, and the question of the rate of interest was not raised in the court below. he must pay the costs of this second appeal.
Judgment:

1. It is conceded that the decree of the lower Court, in so far as it allows interest at the rate of 18 per cent, since the date fixed for payment on December 26, 1908, cannot be supported. See the decision of the Privy Council in Sundar Koer v. Rai Sham Kishen 9 Bom. L.R. 301: 2 M.L.T. 75; 34 I.A. 9. Interest at the rate of 6 per cent. will be allowed from December 25 on the aggregate sum. The decrees must be modified accordingly. The appellant has failed on the issue of fact, and the question of the rate of interest was not raised in the Court below. He must pay the costs of this second appeal.


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